Opinion: The High Court of Public Opinion

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... I ... the start of editorial page editor Paul to go ... on call what is the the overarching principle ... in that ... year was the ... editorial page thinks the court should follow ... the over arching principle what the people who signed a plea I think in this case mini's I don't think that that I think the court when it feels that there are rights fundamental rights of state ... under the Constitution should check ... so I don't think the court should always deferred to legislatures ... but I do think that in this case this is probably this is an issue that the problem is is an issue where the court I think should stay out of this to the extent he can and defer ... to a legislative debate ... that is controversial ... often rough ... but that is moving and progressing your seen the shift in public opinion on gay marriage ... I'm nine states now plus the District of Columbia now allow gay marriage ... the the and becoming the de facto ... requirement for any Democrat ... Claire McCaskill ... today or yesterday was the Senator from Missouri is the latest to change her mind ... this is the debate this fast-moving ... link the court should issue would dictate ... that says all fifty state laws must be the same as California it's ... a good idea we have some of those polls that we can put them up on the screen has been in ... a really remarkable shift public about the only year ago Brock Obama was against gay marriage now he's telling the Supreme Court to overturn ... the tikka Institute a right to ... fundamental right inside the Constitution ... it either ... that such an important point in sending the editorial address it this morning ... um does the court have to go so far as to cause if I knew rate or the other avenues there are other detained there I getting to take this up with justice you later but there are ... there are other avenues can it could take it there's an out for example whether or not they're standing actually cuz this is not ... a case filed by California remember ... this is taken up by private parties they can rule that the private parties don't have standing ... up they could also just limited to California and other states if they went with a backhand to compose ... got on gay ... civil unions as a substitute for gay marriage and say that if you're going to give them all right to civil unions ... the new half to call it marriage but the lease that would apply to the other ... fifty states they could also just uphold ... they can say ... no the ... Proposition eight was rational decision ... I can and I am and instead go when overturn the Defense of marriage act those will be less intrusive than overturning profits to lots of options here ... oh what is the political environment that the court is offering what can we learn from ... for example the Affordable Care Act the station ... where chief Justice Roberts seems to been swayed in some part ... by the political environment ... at that time ... while the reputation of the court is at stake in online all these big cases ... I went recent doesn't want to be Howell on how much does a one inch crude ... on the onthe political debates or the Court of controversy in opposition ... of ... my argue it would be to Justice Roberts iffy Aston unfortunately he is ... asking ... I'll bet if ... if he said it was important to defer ... to legislatures on something as fundamental as the Commerce clause and kind of this Amelia's case the Affordable Care Act case ... then this there's even a better stronger argument ... for doing so in this case where ... the the the art mantra so passionately because they you know they reflect on the fundamental relationships we have this human beings in the traditions of marriage ... I this is one that's best left I think to democratic consent of debate ... there were to leave it ... there for now editoral page and or Polish ago